Jaime Kentrell Kelley
Bankruptcy Court Docket Sheet

Northern District of Alabama (Bankruptcy)

2:2017-bk-05198 (alnb)

Consent Order Terminating the Automatic Stay to permit Coosa Pines Federal Credit Union to foreclose or otherwise proceed against the property securing a debt of the Debtor. Signed on 2/14/2018.

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: * * CASE NO: 17-05198-TOM-13 JAIME KENTRELL KELLEY, * * CHAPTER 13 DEBTOR. * CONSENT ORDER FOR RELIEF FROM AUTOMATIC STAY The undersigned agree and move that the automatic stay be terminated on the date of the ORDER below to permit Coosa Pines Federal Credit Union to foreclose or otherwise proceed against the following property securing the debt of the Debtor to Creditor. The parties having advised the Court that the Debtor has no equity in the collateral, that the collateral is not necessary for an effective reorganization of the Debtor's estate and that surrender is in the best interest of the Debtor, and that relief from stay is otherwise proper, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. The automatic stay provided under 11 U.S.C. §362 is hereby terminated with respect to the following collateral: 2002 Ford Explorer VIN: 1FMZU72E2ZBS8646 2. Coosa Pines Federal Credit Union may proceed with its applicable non-bankruptcy remedies. 3. By consent of the parties the provisions of Rule 4001(a)(3) are waived and relief from the automatic stay shall be effective immediately. DONE and ORDERED this the 14th day of February 2018. /s/ Tamara O. Mitchell TAMARA O. MITCHELL United States Bankruptcy Judge Consented to by: /s/ Brent William Davis /s/ Michael A. Harrison Brent William Davis, Esq. Michael A. Harrison, Esq. Attorney for Debtor Attorney for Creditor 2700 Rogers Drive, Suite 106 P O Box 360345 Homewood, AL 35209 Birmingham, AL 35236 205-989-1919 205-987-2211 Case 17-05198-TOM13 Doc 24 Filed 02/14/18 Entered 02/14/18 13:02:32 Desc Main Document Page 1 of 1

Objection to Confirmation of Plan Filed by Creditor Coosa Pines Federal Credit Union (RE: related document(s)[14] Chapter 13 Plan, and Request for Valuation of Security, and Request for Lien Avoidance. Filed by Debtor Jaime Kentrell Kelley.).

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: CASE NO. 17-05198-TOM-13 JAIME KENTRELL KELLEY, CHAPTER 13 DEBTOR. OBJECTION TO CONFIRMATION COMES NOW, Coosa Pines Federal Credit Union, by and through counsel, Michael A. Harrison, and objects to the confirmation of the Debtor's Chapter 13 Plan, and in support thereof would respectfully show the Court the following: l. The Debtor's Chapter l 3 case was filed on December 11, 2017. 2. The Debtor's Chapter Plan Summary hereafter ("Plan"), proposes 5.20% interest on the secured claim of Coosa Pines Federal Credit Union. 3. Pursuant to I I U.S.C. Section 1325 (a)(s)(Bxii) requires that interest be paid on secured claims. The rate of interest paid on secured claims has been addressed by the U.S. Supreme Court. (Till v. SCS Credit Corp., 124 S. Ct. 2004.) The U.S. Supreme Court adopted the formula approach consisting of the national prime rate adjusted for a risk premium. 4. The Debtor's Plan violates 11 U.S.C. 1325 (a)(s)(Bxii) in that the Debtor's plan rate of interest is less than the current prime rate plus an appropriate risk factor and therefore can not be statutorily confirmed. 5. The Debtor's plan improperly delays the fixed payments on the secured claims of Coosa Pines Federal Credit Union to June 2018. 6. Based on these facts, the interest rate and risk premium is too low to compensate Creditor for a lengthy delay in fixed payments. The Debtor will continue to have the use and benefit of the collateral without providing a fixed payment that begins at confirmation. Wherefore, Coosa Pines Federal Credit Union requests that the confirmation of the Debtor's Chapter l3 Plan be denied. Case 17-05198-TOM13 Doc 25 Filed 02/14/18 Entered 02/14/18 14:10:05 Desc Main Document Page 1 of 2 /s/ Michael Haruison Michael A. Harrison Attomey for Coosa Pines Federal Credit Union OF COUNSEL KEY, GREER, HARRISON & CASEY P.O. Box 360345 Birmingham, AL 35236 205-987-2211 CERTIFICATE OF SERVICE I certiS thpt Ilrave served a copy of the above and foregoing on the following electronically CM/ECF this lLt ll!day of February, 2018. Brent William Davis brent@brentwdavis.com Bradford W. Caraway ctmail@chl3bham.com /s/ Miahael A- Michael A. Harrison 2 Case 17-05198-TOM13 Doc 25 Filed 02/14/18 Entered 02/14/18 14:10:05 Desc Main Document Page 2 of 2

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Description
1
12/11/2017
Chapter 13 Voluntary Petition Individual. Receipt Number O, Fee Amount $310 Filed by Jaime Kentrell Kelley
2
12/11/2017
Application to Pay Filing Fee in Installments Through the Chapter 13 Trustee Assigned to the Case Filed by Debtor Jaime Kentrell Kelley
4
12/11/2017
Certificate of Credit Counseling for Debtor Filed by Debtor Jaime Kentrell Kelley.
5
12/11/2017
Employee Income Records Filed by Debtor Jaime Kentrell Kelley.
6
12/11/2017
Notice of Intent to Pay Chapter 13 Case Filing Fee through Chapter 13 Plan Filed by Debtor Jaime Kentrell Kelley.
7
12/12/2017
Meeting of Creditors with 341(a) meeting to be held on 01/10/2018 at 10:30 AM at Creditor Meeting Room Birmingham. Confirmation hearing to be held on 02/22/2018 at 11:00 AM at Courtroom 3 (TOM) Birmingham. Proof of Claim due by 02/20/2018. Government Proof of Claim due by 06/11/2018 Objection to Dischargeability of Certain Debts due by 03/12/2018.
8
12/12/2017
Notice of Requirement to Complete Course in Financial Management. (Admin)
9
12/12/2017
Notice of Confirmation Hearing (RE: related document(s) 7 Meeting (AutoAssign Chapter 13)). Confirmation hearing to be held on 2/22/2018 at 11:00 AM at Courtroom 3 (TOM) Birmingham.
10
12/12/2017
Notice of Deficient Filing or Incorrect Event: PROBLEM: The filer, Brent Davis, Debtor's Attorney, has filed an Application to Pay Filing Fees in Installments with the first payment listed over 30 days. SOLUTION: The filer, Brent Davis, Debtor's Attorney, should amend and refile the Application with the payments due in 30 day increments. If the filer does not complete the SOLUTION within two business days of this Notice, the Court may deny the requested relief, or the Clerk's Office may take no further action. (RE: related document(s) 2 Application to Pay Filing Fees in Installments filed by Debtor Jaime Kentrell Kelley).
11
12/12/2017
Notice of Deficient Filing and Show Cause Hearing Why This Case Should Not Be Dismissed for Failure to File Proper Schedules. Incomplete Filings due by 12/26/2017. Show Cause hearing to be held on 1/11/2018 at 11:30 AM at Courtroom 3 (TOM) Birmingham.
12
12/12/2017
Amended Application to Pay Filing Fee in Installments Through the Chapter 13 Trustee Assigned to the Case Filed by Debtor Jaime Kentrell Kelley
13
12/13/2017
Order Approving Application for Payment of Filing Fees In Installments: IT IS ORDERED that the Debtor may pay the filing fee in installments as proposed in the application. A discharge shall not be granted until the filing fee has been paid in full. IT IS FURTHER ORDERED that all installments of the filing fee must be paid in full before the Debtor or Trustee may make further payments to an attorney or any other person who renders services to the Debtor in connection with the case. (Fee Amount $310.00) (RE: related document(s) 12 Application to Pay Filing Fees in Installments filed by Debtor Jaime Kentrell Kelley).
14
12/14/2017
Chapter 13 Plan, and Request for Valuation of Security, and Request for Lien Avoidance. Filed by Debtor Jaime Kentrell Kelley.
15
12/14/2017
BNC Certificate of Notice (RE: related document(s) 7 Meeting (AutoAssign Chapter 13)). Notice Date 12/14/2017.
16
12/14/2017
BNC Certificate of Notice (RE: related document(s) 11 Notice of Deficient Filing and Show Cause Hearing). Notice Date 12/14/2017.
17
12/14/2017
BNC Certificate of Notice (RE: related document(s) 8 Notice of Requirement to Complete Course in Financial Management). Notice Date 12/14/2017.
18
12/14/2017
BNC Certificate of Notice (RE: related document(s) 9 Notice of Confirmation Hearing). Notice Date 12/14/2017.
19
01/02/2018
Trustee's Direction for Deduction. (Ch13troffice, sf)
20
01/11/2018
Meeting of Creditors Held 1/10/2018. (Ch13troffice, jc)
21
01/19/2018
Trustee's Objection to Confirmation of Chapter 13 Plan, Motion to Dismiss Case for Failure to File Documents under 521(i), Trustee's Motion to Dismiss. (Ch13troffice, ul)
22
01/22/2018
Notice of Hearing on (RE: related document(s) 21 Trustee's Objection to Confirmation of Plan, Motion to Dismiss Case for Failure to File Documents under 521(i), Trustee's Motion to Dismiss). Hearing scheduled 2/22/2018 at 11:00 AM at Courtroom 3 (TOM) Birmingham.
23
01/24/2018
BNC Certificate of Notice (RE: related document(s) 22 Notice of Hearing). Notice Date 01/24/2018.
24
02/14/2018
Consent Order Terminating the Automatic Stay to permit Coosa Pines Federal Credit Union to foreclose or otherwise proceed against the property securing a debt of the Debtor. Signed on 2/14/2018.
25
02/14/2018
Objection to Confirmation of Plan Filed by Creditor Coosa Pines Federal Credit Union (RE: related document(s)[14] Chapter 13 Plan, and Request for Valuation of Security, and Request for Lien Avoidance. Filed by Debtor Jaime Kentrell Kelley.).
26
02/15/2018
Hearing Scheduled (RE: related document(s)[25] Objection to Confirmation of the Plan filed by Creditor Coosa Pines Federal Credit Union). Hearing scheduled 2/22/2018 at 11:00 AM at Courtroom 3 (TOM) Birmingham.
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